Prohibits any person from:
a. using income recieved from racketeering or thru collection of unlawful debt to acquire an interest in the enterprise affecting interstate commerce.
b. acquiring or maintaining thru racketeering or collection of unlawful debt an interest in the enterprise affecting interstate commerce
c. conducting or participating in racketeering activity or thru the collection of an unlawful debt, the affairs of an enterprise affecting interstate comerce
d. conspiring to participate in any of these activities.

Why do prosecutors often use RICO?

1. congress mandated that RICO be construed liberally
2. RICO does not require any mens rea beyond that necessary fot the predicate acts, and
3. Rico provides for severe sanctions that can be tacked onto sanctions the defendant may receive for the underlying offense.

mkaes it illegal to break up a single trasaction above the reporting threshold for the purpose of evading reporting requirements.

What must be proven to show that a defendant willfully violated the anti structuring act?

1. knowledge of the reporting requierment
2. specific intent to commit the crime

What does the PATRIOT ACT do for the problem of money laundering?

Requires banks to take reasonable action to acquire the identity of foreign account holders and the source of their funds.

Clean Air Act (CAA)

Penalises those who knowingly violate Federal or State regulations designed to achieve ambient air quality standards established by the EPA.

Safe Drinking Water Act (SDWA)

Regulate the levels of harmful contaminants in public water systems and the underground injection of contaminants into ground water that supplies public drinking water.

Clean Water Act (CWA)

Resore and maintai the chemical, physical and biological integrity of the nations water's by minimizing the effects of water pollution.

Toxic Substance Control Act (TSCA)

Prevents toxic substances in commerce from presenting an "unreasonable risk of injury to the health of the environment" and to stem the tide of chemical substances and mixtures considered "iminent hazards".

Against agreements that take away the freedom of purchasers to buy in the open market and maintain, in the public interest, freedom of competition.

What are the elements to prove a criminal violation of antitrust?

1. 2 or more entities formed a conspiracy
2. the conspiracy produces, or potentially produces, an unreasonable restraint of trade or commerce.
3. the restrained trade or commerce is interstate in nature
4. general intent

Sherman Act

provides for criminal sanctions against any person who shall make any contract of engage in any combination or conspiracy in restraint of interstate commerce.

Occupational Safety abd Health Act (OSHA)

Designed to ensure a safe and healthy working environment for every man and woman.

Fair Labor Standards Act (FLSA)

Prohibits an employer from failing to pay minimum wages or overtime compensation to an employee , failing to keep individualized work records , discriminating on the basis of sex by paying different wages for equal work, or using oppressive child labor.

What must be shown by an employee to prove an offense of the Fair Labor Standards Act?

it is unlawful for an employer to terminate ane employee due to that employees filing of an FLSA complaint.

What are the elements of an illegal gratuity offense?

1. a thing of value
2. was given, offered, or promised to
3. a public official
4. for or because of any official act performed or to be performed by such an official.

What are the four elements of conspiracy?

1. an agreement between at least two parties
2. to achieve an illegal goal
3. where the parties posess knowledge of the conspiracy
4. where at least one conspirator committed an overt act in the furtherance of the conspiracy.

What are the elements of an obstruction of justice?

1. a nexus with a pending federal judicial proceeding
2. the defendant knew or had notice about the proceeding
3. the defendant acted corruptly with intent to interfere with the proceedings

Must one suceed in obstructing justice to be convicted of a violation?

1. the corporation must remedy any harm caused by its offense
2. should recieve fines high enough to divest the business of all its assets
3. businesses run for other than criminal purposes should be fined according to to the seriousness of their offense and the culpability of the corporation
4. corporation shall be subject to probation if it will help to ensure no further violations